S. 263 : Commissioner-Revision of orders prejudicial to revenue-Charitable purpose-Cancellation of registration-Section 12AA(3) is applicable only from the AY. 2011-12-Tribunal following its own decision against which appeal of the Revenue was dismissed. [S. 12A, 12AA, 143(3) 147, 260A]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Judicial custody-Service of notice-Notice not served through Superintendent of Jail-Notice sent by speed post to last known address-Not valid service of notice-Revision order set aside-Appeal of Revenue is dismissed. [S. 132,143(3), 153C, 292BB]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Registration-Trust or institution-Revision denying benefit for AY. 2010-11 on basis of provision as amended in 1997 requiring to produce certificate of registration-Not valid-Provision prevailing in year when applied for registration is applicable. [S. 12A]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Failure to claim larger claim of depreciation-SLP of the assessee is dismissed-Matter remanded to the Assessing Officer. [S. 32, 40A(2), 142(2A) Art. 136]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limitation-Issues not covered in reassessment proceedings-Limitation to be reckoned from date of original assessment and not of reassessment. [S. 147, 148]
S. 260A : Appeal-High Court-Territorial Jurisdiction-Delay of 130 days was condoned with liberty given to withdraw appeals-Leave granted to file appeals before High Court with jurisdiction. [S. 254(1)]
S. 260A : Appeal-High Court-Transfer pricing-Arm’s length price-International transactions-Determination-Court can consider whether relevant guidelines under Act and Rules taken into consideration–Comparability of two companies-Selection of filters judiciously done and on basis of relevant material and evidence on record-Matter remanded to the High Court to take a fresh decision.[S. 92, 92A to 92CA, 92D, 92E and 92F, R.10B to 10E, Art. 136]
S. 260A : Appeal-High Court-Transfer pricing-Arm’s length price-International transactions-Determination-Court can consider whether relevant guidelines under Act and Rules taken into consideration–Comparability of two companies-Selection of filters judiciously done and on basis of relevant material and evidence on record-Matter remanded to the High Court to take a fresh decision.[S. 92, 92A to 92CA, 92D, 92E and 92F, R.10B to 10E, Art. 136]
S. 245D : Settlement Commission-Settlement of cases-Entire tax on admitted additional income was paid-Short fall of tax was brought to Knowledge through report-Deposited the amount immediately-Sufficient Compliance-Application restored to Settlement Commission. [S. 132, 245C, 245D(2B), Art. 226]
S. 245D : Settlement Commission-Settlement of cases -Application-Full and true disclosure of undisclosed income-Revision of amount-Order of Settlement Commission based on revision is not valid-No power to waive interest-High Court can set aside order of Settlement Commission passed in excess of its statutory powers or in violation of principles of natural justice-High Court also directed the Principal Secretary Government of UP and The Vice Chancellor of King George Medical University, Lucknow to take appropriate action against the individual Doctors who are employees of King Georges Medical University, who are found indulged in blatant private practice and making profits in private companies and also being on their boards as directors [S. 132(4),234A, 234B, 234C, 245C, 245D(4), 245D(6B), 245I, Art. 226]